Please read the following Terms of Use (the “Terms of
Use”) carefully. These Terms of Use govern your use of the Heart for Africa,
Inc. (“Heart for Africa,” “we,” “us,” or “our”) website located at http://www.heartforafrica.org/ (the “Website”) and all interactive features,
applications, widgets, blogs, social networks and social network “tabs,” and
other online or wireless offerings that post a link to these Terms of Use,
whether accessed via computer, mobile device or other technology or any
associated Content (as defined below), material, or functionality contained on
the Website (collectively, the “Services” and, together with the Website, the
“System”). The System is the property of Heart for Africa and its licensors. By
accessing, browsing, downloading, using, or registering for any Content (as
defined below), material, or functionality contained on the System, you
acknowledge that you have read and understood these Terms of Use and that you
accept and agree to be bound by them in full. If you do not agree to these
Terms of Use, do not use the System, or any portion thereof. Any use of the
System is at your sole risk.

Changes to
the Terms of Use

We may update these Terms of Use from time to time and may amend them at
any time to incorporate additional terms specific to additional Services (e.g.,
additional features, applications, widgets, blogs, and associated Content,
material, or functionality) (collectively, “Additional Services”) that we may
make available on or through the System. All such updates and amendments are
effective immediately upon notice thereof, which we may give by any means,
including, but not limited to, by posting a revised version of these Terms of
Use or other notice on the Website. Accordingly, prior to use of the System, you
should review these Terms of Use to stay informed of changes that may affect
you, as your continued use of the System signifies your continuing consent to
be bound by these Terms of Use. We expressly reserve the right to make any
changes to these Terms of Use, or to the System and its Services, at any time,
without advance notice to you. The version of these Terms of Use posted at http://www.heartforafrica.org/Terms%20of%20Use.aspxshall be the Terms of Use applicable to your access and use of the
System on any given date. These Terms of Use and the Privacy Policy shall be
deemed to be the true, complete, valid, authentic, and enforceable copies of
the version of the Terms of Use and the Privacy Policy which were in force on any
given date you visited the System.

Access and Use

You represent and agree that all information that you provide to Heart
for Africa in connection with your access to and use of the System is and shall
be true, accurate, and complete, to the best of your knowledge, ability, and
belief. We reserve the right to terminate these Terms of Use, or to refuse,
restrict, or discontinue service or access to the System (or any portions,
components, or features of the System) to you or any other person or entity,
for any reason or for no reason whatsoever, at any time, without notice or
liability. Failure to comply with these Terms of Use may, among other things,
result in the immediate termination of your access to and use of the System.

Heart for Africa grants you a personal, non-exclusive,
non-transferable, limited license to use the System and to view or access the
Services solely for your personal or internal use and subject to the condition
that you do not (and do not allow any third party to) copy,
modify, create a derivative work from, sell, assign, sublicense, grant a
security interest in, or otherwise transfer any right in or access to the
System, the Services, or any other Content available via the System. You
further agree not to modify the System, or any part thereof, in any form or
manner, nor to use any modified versions of the System or the Services, for any
reason whatsoever, without the express written consent of Heart for Africa. You
may not attempt to gain any unauthorized access to the System or any of its
associated Content, including computer systems, software, or networks. No
commercial use or redistribution of any Content, materials, or information
contained on or offered through the System or the Services is permitted, unless
expressly specified in a separate agreement between you and Heart for Africa.

As a condition of your use of the System (including
the Services), you agree that you will not use the System for any purpose that
is unlawful or prohibited by these Terms of Use.You also agree to reimburse us for any damage, loss, cost or
expense we incur, including any legal fees, because of your use of the System
or the Services for any unlawful or prohibited purpose.

The Heart for Africa privacy
policy (the “Privacy Policy”) applies to your use of the System, and its terms
are made a part of these Terms of Use by this reference. To view the Privacy
Policy, please click herehttp://www.heartforafrica.org/Privacy%20Policy.aspx. We
encourage you to read and become familiar with our privacy practices, as
described in our Privacy Policy.

No Unlawful or Prohibited Use

Any use or attempted use of
the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose;
(ii) that could damage, disable, overburden, or impair any server, or the
network(s) connected to any server; (iii) that could interfere with any other
party's use and enjoyment of the System; (iv) to gain unauthorized access to
any other accounts, computer systems or networks connected to any server or
systems through hacking, password mining or any other means; (v) to access
systems, data or information not intended by Heart for Africa to be made
accessible to a user; (vi) to attempt to obtain any materials or information
through any means not intentionally made available by us; or (vii) any use
other than the purpose for which it was intended, is prohibited.

In addition, in connection
with your use of the System, you agree you will not:

(a)Upload or transmit any message, information, data,
text, software or images, or other content that is unlawful, immoral, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable, or that may invade another's right of
privacy or publicity;

(b)Create a false
identity for the purpose of misleading others or impersonate any person or
entity, including, without limitation, any Heart for Africa representative, or
falsely state or otherwise misrepresent your affiliation with a person or
entity;

(c)Upload or
transmit any material that you do not have a right to reproduce, display or
transmit under any law or under contractual or fiduciary relationships (such as
nondisclosure agreements);

(d)Upload files that
contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer or property of another;

(e)Delete any author
attributions, legal notices or proprietary designations or labels that you
upload to any communication feature;

(f)Use of any of the
System’s communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of
all caps, or flooding continuous posting of repetitive text);

(g)Upload or
transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,”
“chain letters,” “pyramid schemes” or any other form of solicitation,
commercial or otherwise;

(h)Violate any
applicable local, state, national or international law;

(i)Upload or
transmit any material that infringes or misappropriates any patent, trademark,
service mark, trade secret, copyright or other proprietary rights of any party;

(j)Delete or revise
any material posted by any other person or entity;

(k)Probe, scan, test
the vulnerability of, or breach the authentication measures of, the System or
any related networks or systems;

(l)Register,
subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt
to unsubscribe, any party for any products or services if you are not expressly
authorized by such party to do so;

(m)Harvest or
otherwise collect information about others, including email addresses; or

(n)Use any robot,
spider, scraper, or other automated or manual means to access the System, or
copy any Content or information on the System.

Heart
for Africa reserves the right to take whatever lawful actions it may deem
appropriate in response to actual or suspected violations of the foregoing,
including, without limitation, the suspension or termination of the user's
access and/or account. Heart for Africa may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime or
civil wrong.Except as may be
expressly limited by the Privacy Policy, Heart for Africa reserves the right at
all times to disclose any information as Heart for Africa deems necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in Heart for Africa’s sole discretion. You also agree to reimburse Heart
for Africa for any damage, loss, cost or expense Heart for Africa incurs
(including fees or costs of attorneys, accountants, professional advisors, and
other experts incurred in connection with the defense or settlement of the
foregoing) because of your use of the System for any unlawful or prohibited
purpose.

Any information, communications, or material of any type or nature that
you submit to any of our pages contained on a social media platform or website
by email, posting, messaging, uploading, downloading, or otherwise
(collectively, a “Submission”) is done at your own risk and without any
expectation of privacy. By your Submission, you hereby
grant Heart for Africa a royalty-free,
paid in full, perpetual, unlimited,
worldwide, transferrable, nonexclusive license to copy,
publish, prepare derivative works of, distribute, process, analyze, use and
commercialize, in any way now known or in the future discovered, such
Submissions (or any content or materials contained therein). All Submissions that you provide via
any social media platform is at your own risk, and you hereby represent and
warrant that you have the full legal right to so provide such Submissions and
that they, and any content or material contained therein, is not confidential
or proprietary to any third party, nor are you using it in violation of any law
or contractual restriction.

Proprietary
Content

Heart for Africa respects the intellectual property rights of
others and expects you to do the same. We have expended substantial time,
effort and funds to create the System and to collect and provide the Services that are available on or through the System. You understand and agree
that Heart for Africa owns, or (where required, appropriate, or applicable) has
been licensed by third parties to use, all right, title, and interest in and to
the System and the Services made available on or through
the System, and all information, text, data, computer code, music (whether
auditory or written), artwork, databases, graphics, images, sound recordings,
audio and visual clips, logos, software, and other materials contained therein,
and the compilation, collection, design, selection, and arrangement thereof
(collectively, the “Content”) as well as
the design, structure, selection, coordination, expression, “look and feel,”
and arrangement of such Content. You acknowledge that the Content
constitutes valuable proprietary information that is protected by applicable
intellectual property and other proprietary rights, laws, and treaties of the
United States and other countries, and that you acquire no ownership interest
by accessing and using the System and the Content. Such intellectual property
and proprietary rights may include, but are not limited to, various patents,
copyrights, trademarks and service marks, registered trademarks and service
marks, trade dress protection, and trade secrets, and all such rights are and
shall remain the property of Heart for Africa or its licensors and
content-providers.

Except as expressly provided in these Terms of Use, no
part of the System or the Services, and no Content, materials, or other
information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, or distributed in any way to any
other computer, server, website, or via any other medium for publication or
distribution, or for any commercial enterprise without Heart for Africa’s
express prior written consent.

The posting of information or other materials or
Content on the System by Heart for Africa does not constitute a waiver of any
proprietary right in such information, materials, or Content (such as, but not limited
to, copyright, patent, trademark, or other intellectual property rights) and
does not transfer any rights to a user of the System or to any other third
party, except as expressly provided herein.

Notice and
Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2)
(Digital Millennium Copyright Act), all notifications of claimed copyright
infringement on our Website should be sent ONLY to our Designated Agent. Please
DO NOT send any inquiries unrelated to copyright infringement (such as
requests for assistance, customer service inquiries, billing questions, reports
or email abuse) to the contact listed below. You will not receive a response if
sent to that contact.

Address to Which Notification Should be Sent: Heart for Africa, PO Box 1308,
Roswell, GA30077.

Telephone Number of Designated Agent: (800) 901-7585

Email Address of Designated Agent: info@heartforafrica.org

Your Notice of Claimed Infringement must include the
following:

Your name, address, telephone number, email
address and signature;

Identification of the copyrighted work (or works)
that you claim has (or have) been infringed;

A description of the material that you claim is
infringing, and the location where the original or an authorized copy of
the copyrighted work exists (for example, the URL of the page of the
website where it is lawfully found; the name, edition and pages of a book
from which an excerpt was copied, etc.);

A clear description of where the infringing
material is located on our Site, including, as applicable, its URL, so
that we can locate the material;

A statement that you have a good-faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law; and

A statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.

Disclaimer of
Warranties

Heart
for Africa does not promise, covenant, represent, warrant, or guarantee that
you or any other user of the System will obtain any particular or tangible
result through the use of the System, or obtain any other product or service in
connection with use of the System. It is solely your responsibility to take
appropriate precautions to ensure that any information, materials, software, or
data that you submit to or through the System or Heart for Africa, or that you
access, use, download, or otherwise obtain on or through the System or Heart
for Africa, are:(a) up-to-date,
accurate, complete, reliable, truthful, and suitable to and appropriate for the
purpose for which they are intended; and (b) free of viruses and other
disabling devices and destructive routines.

The SYSTEM,
SERVICES, CONTENT, software AND other materials available from or provided on
the System or via the Services, is provided “AS IS” and “AS AVAILABLE,” without
warranties or guarantEes of any kind, either express or implied, including, but
not limited to, the implied warranties of merchantability, title, fitness for a
particular purpose, and non-infringement.

Heart for Africa AND/OR OUR THIRD PARTY SUPPLIERS, CONTENT
OR SERVICE PROVIDERS, OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT
THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR
THROUGH THE SYSTEM ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF
TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR
USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR
WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND
SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH Heart for Africa ARE FREE OF VIRUSES OR OTHER DISABLING
DEVICES OR HARMFUL COMPONENTS. Heart for Africa PERIODICALLY
AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES
WITHOUT NOTICE. FURTHER, Heart for
Africa ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR
OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. HEART FOR AFRICA
SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SYSTEM.

Limitation
of Liability

IN NO EVENT SHALL HEART FOR AFRICA, ITS CONTRACTORS,
SUPPLIERS, CONTENT OR SERVICE PROVIDERS OR OTHER SIMILAR ENTITIES, OR THE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE
FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST,
DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF,
OR RELIANCE ON, THE SYSTEM, THE CONTENT, OR THE INFORMATION, MATERIALS OR SERVICES
ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH HEART FOR AFRICA; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM
OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER
THE INTERNET; (C) HEART FOR AFRICA’S
PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE
TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER
USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND/OR USE OF
ANY GOODS OR SERVICES PROVIDED BY HEART
FOR AFRICA OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY,
ACCURACY, TIMELINESS, OR QUALITY OF ANY PRODUCTS OR SERVICES OFFERED, MADE
AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH
THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL HEART FOR AFRICA, ITS CONTRACTORS,
SUPPLIERS, CONTENT OR SERVICE PROVIDERS, OR OTHER SIMILAR ENTITIES, OR THE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO
YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE,
BUSINESS INTERRUPTION OR CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, ANYTHING DESCRIBED IN THE
FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND
THE CONTROL OF HEART FOR AFRICA,
EVEN IF HEART FOR AFRICA WAS
ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR
COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF HEART FOR AFRICA, ITS CONTRACTORS, SUPPLIERS, CONTENT OR SERVICE
PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN
ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT
LIMITING ANY OF THE FOREGOING, IF HEART
FOR AFRICA, ITS CONTRACTORS, SUPPLIERS, CONTENT OR SERVICE PROVIDERS, OR
OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR
TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR
IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, HEART FOR AFRICA AND SUCH PARTIES’
CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER
MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $50.

DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES,
OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT,
SERVICE, OR PUBLICATION. HEART FOR AFRICA MAKES NO WARRANTY OF ANY KIND WITH
RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. HEART
FOR AFRICA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR
OTHERWISE.

Heart for Africa reserves the right to do any of the
following at any time without notice:(i) modify, suspend, or terminate operation of or access to the System,
or any portion of the System, for any reason; (ii) modify or change the System,
or any portion of the System, and any applicable policies or terms; and (iii)
interrupt the operation of the System, or any portion of the System, as
necessary to perform routine or non-routine maintenance, perform error
correction, or make other changes.

Indemnification

You
agree to indemnify, defend and hold Heart for Africa, and the officers,
directors, employees, agents, and representatives of Heart for Africa, harmless
from and against all claims, demands, suits or other proceedings, and all
resulting loss, damage, liability, cost, and expense (including attorneys'
fees), brought by any third party in connection with or arising out of content,
data, or information that you submit, post to, or transmit through the System
or Heart for Africa, your access to and use of the Content, the System, the
Services and other materials or products available on or through the System and
Heart for Africa, your violation of these Terms of Use, or your violation of
any rights of another. We reserve, and you grant to us, the right to assume
exclusive defense and control of any matter subject to indemnification by you
hereunder. All rights and duties of indemnification that are set forth herein
shall survive termination of these Terms of Use.

Typographical Errors

The System could include technical inaccuracies or
typographical errors. Heart for Africa shall have no liability in connection
with any such inaccuracies or errors, nor shall Heart for Africa have any
obligation to identify and/or correct any such inaccuracies or errors.

Viruses

All responsibility or liability for any damages caused
by Disabling Code contained within the electronic files on the System is
disclaimed. As used in these Terms of Use, “Disabling Code” means code which
could have the effect of permitting improper use, access, deletion or
modification of, or disabling, deactivating, damaging, corrupting or shutting
down one or more software programs or systems and/or hardware or hardware
systems, data and/or communications including, without limitation, “viruses,”
“time bombs,” “protect codes,” “data destruction keys,” “trap doors,” and
similar code or devices.

Links to Other Websites

For your
convenience, certain hyperlinks may be provided on the System that link to
other websites which are not under the control of Heart for Africa. Heart for
Africa does not endorse or sponsor such websites and is not responsible for the
availability, accuracy, content, or any other aspect of such websites. Heart
for Africa disclaims all liability for such websites, for all access to and use
thereof, and for use of the links to such websites. We also disclaim all
liability, and make no representations or warranties, with respect to any
products or services made available, sold, or provided to you by any third
party. Your use of other websites, and any purchases of products or services through
other websites, is subject to the terms and conditions of such other websites.
You agree that you will bring no suit or claim against Heart for Africa arising
from or based upon any such use of other websites. Hyperlinks to other websites
that are provided on the System do not imply that: (a) Heart for Africa is
affiliated or associated with any linked sites; (b) Heart for Africa is legally
authorized to use any trademark, trade name, logo, or copyright symbol
displayed in connection with or accessible through such linked sites; or (c)
any linked site is authorized to use any trademark, trade name, logo, or
copyright symbol of Heart for Africa.

Links
to the Website

Neither
you nor any other website may link to the Website without the permission of Heart
for Africa. In any event, without our express, prior, written permission, it is
expressly prohibited to: (a) “deep link” to any page of the Website other than
the home page of the Website; (b) “frame” the Website or any Content or
otherwise cause the Website or any Content to appear in a window with any other
material that does not constitute Content; (c) cause the hyperlink to the
Website, or the Website or any Content, to be displayed in any way that is
disparaging to Heart for Africa or any entity that is affiliated or associated
with Heart for Africa; or (d) otherwise imply or state that any type of
relationship or special arrangements exist with Heart for Africa or any other
entity. You agree that you will promptly remove any hyperlink to the Website
upon the written request of Heart for Africa. In no event will you use any logo
or trademark of Heart for Africa as a hyperlink “button,” or in any other
manner, without Heart for Africa’s express written consent.

Disclaimer of Third Party
Information

The System may contain offers for sale of merchandise
or services not provided by Heart for Africa. Such merchandise and services may
be obtained only by linking to an applicable third party website (e.g., a merchant's
website, a content provider’s website, a service provider’s website, etc.) in
order to make the transaction. Terms of the offer shown on the System,
including, but not limited to, price, color, quantity, availability, and
description may vary from those shown on the third party website. Differences
in the terms of an offer between the System and a third party website will be
governed by the terms shown on the third party website. Heart for Africa is not
responsible or liable for any such differences or discrepancies or the
performance of any products or services obtained via such third party website.

Accounts,
Passwords, and Security

In order to access certain portions of the Website
and certain of the Services, it may be necessary for you to create an account
with Heart for Africa. You may create an account with Heart for Africa and
complete the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration form, including
choosing a password and user name. You agree that: (a) the information you
provide is true, accurate, current and complete as prompted by the Website
registration mechanism (the “Registration Data”); (b) you are at least 18 years
of age; and (c) you will maintain and promptly update the Registration Data to ensure
it remains true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, non-current or incomplete, or Heart for Africa has
reasonable grounds to suspect that such information is untrue, inaccurate,
non-current or incomplete, Heart for Africa has the right to suspend or
terminate your account and refuse any and all current or future use of the
Website or any portion thereof. You are entirely responsible for maintaining
the confidentiality of your password and account and for any and all activities
that occur under your account. You agree to (i) immediately notify us of any
unauthorized use of your account or any other breach of security of which you
become aware, and (ii) exit completely from your account at the end of each
online session. Heart for Africa will not be liable for any loss that you may
incur as a result of another person or entity using your password or account,
either with or without your knowledge. However, you could be held liable for
losses incurred by us or another party due to another person or entity using
your account or password with your knowledge. You may not use any other user’s
account at any time without the permission of the account holder.

Additionally, by using the System, you
acknowledge and agree that Internet transmissions are never completely private
or secure. You understand that any message or information that you send to the
System may be read or intercepted by others, even if there is a special notice
that a particular transmission is encrypted.

General

These
Terms of Use and the Privacy Policy referenced herein (as each may be revised
and amended from time to time according to their respective terms) collectively
constitute the entire agreement with respect to your access to and use of the
System, the Content and Services, and any other products available on or
through the System or through Heart for Africa. You agree that you shall not
contest the admissibility or enforceability of Heart for Africa’s copy of these
Terms of Use in connection with any action or proceeding arising out of or
relating to these Terms of Use. Except as expressly provided for herein, these
Terms of Use do not confer any rights, remedies, or benefits upon any person or
entity other than you and Heart for Africa. Heart for Africa may assign its
rights and duties under these Terms of Use at any time to any third party
without notice. You may not assign these Terms of Use without the prior written
consent of Heart for Africa. These Terms of Use shall be binding on and inure
to the benefit of the parties hereto and their respective successors and
assigns. You are responsible for complying with any and all laws of the
jurisdiction from which you are accessing the System and any other jurisdiction
whose laws apply to you or your actions.

To the extent any portion of these Terms of Use shall
be determined to be unenforceable by a court of competent jurisdiction, such
portion will be modified by the court solely to the extent necessary to cause
such portion to be enforceable, and these Terms of Use as so modified will
remain in full force and effect. Any waiver of any provisions contained in
these Terms of Use by Heart for Africa shall not be deemed to be a waiver of
any other right, term, or provision of these Terms of Use. Any rights not
expressly granted herein are reserved.

You agree that any violation, or threatened violation,
by you of these Terms of Use, or the referenced Privacy Policy, constitutes an
unlawful and unfair business practice that will cause us irreparable and
unquantifiable harm. You also agree that monetary damages would be inadequate
for such harm and consent to our obtaining any injunctive or equitable relief
that we deem necessary or appropriate. These remedies are in addition to any
other remedies we may have at law or in equity.

Jurisdiction

The
System is maintained, operated, and controlled by Heart for Africa in the State
of Georgia. These Terms of Use shall be governed by and construed under the
laws of the State of Georgia, without regard to conflicts of laws, principles
or rules. Any legal action brought by you that arises out of or relates to
these Terms of Use or your access to and use of the System, the Services, or the
Content must be commenced within one year after the cause of action arises. You
hereby expressly consent and irrevocably submit to the exclusive jurisdiction
of the state and federal courts sitting in Fulton County, Georgia for
resolution of any matters related to interpretation, construction, or
enforcement of these Terms of Use or otherwise in connection with these Terms
of Use, the Privacy Policy referenced herein, or otherwise related to or in
connection with your access to and use of the System, the Services, the
Content, and the products available on or through the System or through Heart
for Africa. You further expressly waive any claim that venue is improper for
any reason in these courts.

Electronic
Communications

When you visit the System or send
emails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by email
or by posting notices on the System. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing. You
further agree that any notices provided by us electronically are deemed to be
given and received on the date we transmit any such electronic communication as
described in these Terms of Use.

Contact
Us

Heart for Africa welcomes any comments or questions
you may have regarding these Terms of Use or the System. Please send any
comments or questions to us here.

These Terms of Use were last updated on September 14th,
2015. Please check back periodically for updates and changes.

SUPPORT HEART FOR AFRICA: Heart for Africa depends on your gifts to continue our work in Africa. Make your charitable contribution here.